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Monthly Archives: December 2010

China’s Courts. “Utterly Worthless” Is Probably An Overstatement.

Posted in Legal News

In the early years of this blog, when discussing China’s court system, I would make it a point to emphasize that I was limiting my comments to how the courts handle business law matters. I did this for two reasons. One, my sense is that the quality of court handling of business cases is very… Continue Reading

China Rules Skype Illegal. Tell Me Something New.

Posted in China Business, Legal News

I arrived in Shanghai the other day and my first meeting was with co-blogger, Steve Dickinson, who pronounced that Skype had been declared illegal. We both commented on how it is illegal, and then we started talking about inflation. Skype is illegal in China, of that there can be little doubt. The real question arising… Continue Reading

China Business Dinner Etiquette.

Posted in China Business, Events, Recommended Reading

Nothing really new here, but the International Herald Tribune’s Business Navigator section just came out with a concise explanation of the etiquette involved in Chinese business dinners. The article is entitled, “In China, Social Evenings Are Considered Part of the Business Routine,” and, among other things, it notes the following:  Business dinners are “a very… Continue Reading

The Truth About US-China Trade.

Posted in Recommended Reading

Just came across an excellent article in the Wall Street Journal that starkly highlights how global trade statistics may not always mean what they first appear to mean. The article was written by Andrew Batson and it uses the iPhone as an example of how even something viewed as of the United States can add… Continue Reading

Who’s Stealing Your China Trade Secrets?

Posted in China Business

Smiling faces, sometimes, hey, they don’t tell the truth. Smiling faces, smiling faces, tell lies and I got proof. Hey, your enemy won’t do you no harm, cause you’ll know where he’s coming from. Don’t let the handshake and the smile fool ya, take my advice I’m only try’ to school ya. From the song, “Smiling Faces Sometimes,”… Continue Reading

The Foreign Corrupt Practices Act (FCPA) Wants You For What Your China Joint Venture Did.

Posted in Legal News

We are always writing about how the United States Department of Justice is expanding its prosecution of Foreign Corrupt Practices cases and how that directly impacts your China business. Those previous posts include the following: China Bribes And Transparency: Why The FCPA Matters China And The Foreign Corrupt Practices Act (FCPA). Sometimes You Just Have… Continue Reading

China Energy Shortages And Their Impact On Your Business

Posted in China Business

By Steve Dickinson As the bone chilling cold of winter solstice approaches, we have been greeted here in China with a series of reports on shortages in primary energy for the winter season: • Coastal China provinces have shifted strongly towards natural gas for home heating. For this winter, a shortfall of up to 10… Continue Reading

Litigating In China. Don’t Lock Yourself Out.

Posted in Legal News

By Steve Dickinson The Chinese press has been very excited to report this week on an increase in foreign litigants making use of the Chinese courts. Under the somewhat misleading title of “Commercial disputes with foreign nation [sic] flood Chinese courts,” the reports state that the PRC Supreme People’s Court reports the following statistics: •… Continue Reading

China’s Tax System. When “Equal” Is A Very Bad Thing.

Posted in China Business, Legal News

In the good old days, China gave foreign companies all sorts of tax breaks. In fact, China’s taxation system so favored foreign companies, many Chinese companies would form a company overseas and then enter China that way. This tactic came to be known as round-tripping and it became quite common. Those days are truly over…. Continue Reading

Sexism In China. A Good Thing For Foreign Business?

Posted in China Business

Had an interesting lunchtime discussion the other day with two very dynamic international entrepreneurs on global prejudices. Both told me of how they “take advantage” of it. These two take advantage of it by hiring women, the disabled, and ethnic minorities in countries where other businesses are either reluctant or refuse to hire these people…. Continue Reading

China Business. It Helps To Know The Culture: Responses to Comments

Posted in China Business

A week or so ago, Jason Patent wrote a three part series on incorporating knowledge of Chinese culture to better your business in and with China. I asked Jason to write these posts after having listening to Jason give the best talk I have ever seen/heard on the cultural differences between China and the United States… Continue Reading

How To Protect Your Molds And Tooling In China.

Posted in Legal News

Twice this week I got calls from companies who were seeking my law firm’s assistance in getting their molds back from their former Chinese manufacturers and in both cases I had to tell them I did not think it worth their while to pursue their claims. My firm has been called about a dozen time… Continue Reading

China Law Blog On Linkedin. It’s A Good Thing.

Posted in China Business, Recommended Reading

We started a China Law Blog Group on Linkedin with the plan of making it a spam-free source for China networking, information and discussion. That group has been active for nearly a year now and I am proud to say we have succeeded.   Let’s look at the numbers. We have 2195 members, which is… Continue Reading

China Business. It Helps To Know The Culture. Part III. Stereotypes As Excess Baggage.

Posted in China Business

This is the third and final part of a three part series of posts by Jason Patent, a China market access consultant with years of on the ground experience and all sorts of degrees from top schools (including a Ph.D from Berkeley) that qualify him to discuss how Chinese culture is likely to impact your… Continue Reading

China Business. It Helps To Know The Culture. Part II. Dealing With The Ethical Gray Zone.

Posted in China Business

This is part II of a three part series of posts by Jason Patent, a China market access consultant with years of on the ground experience and all sorts of degrees from top schools (including a Ph.D from Berkeley)  that qualify him to discuss how Chinese culture is likely to impact your doing business with… Continue Reading

China Business. It Helps To Know The Culture.

Posted in China Business, Good People

A few months ago I spoke at a seminar out East at which Jason Patent also spoke. Jason gave the single best talk I have ever seen/heard on the cultural differences between China and the United States as those differences relate to business. Based on that, I asked him to write some guest posts on China’s… Continue Reading

China Too Expensive? Who You Gonna Call? I Say Vietnam.

Posted in China Business

As China wages and costs continue to rise, many of my firm’s clients in low-skill industries are beginning to talk about moving out, either entirely or partially. The big discussion is to where. When asked for my opinion (as I was by an Israeli textile company today), I virtually always suggest Viet Nam. I let… Continue Reading

International (And China) Litigation. The Questions To Ask.

Posted in Legal News

Like every lawyer in the Western World, I love reading Above the Law for its salacious gossip. My favorite item was many years ago when they posted on the (completely untrue) rumor that my law firm was in merger talks with Baker & McKenzie. It is not the site on which one expects to see… Continue Reading

China Business. China Jails. China Hostages.

Posted in Legal News

Nearly every time I write on this topic, I get at least one email from someone accusing me of fear mongering. I used to dispute that accusation, now I heartily embrace it. I embrace it because the overwhelming majority of foreign companies doing business in China make no allowance even for the possibility of one… Continue Reading

China Law Evolving — Businesses Take Note, Part VII

Posted in Legal News

Last month, a young teacher in Anhui Province lost an AIDS discrimination case stemming from being rejected for a teaching position after testing HIV-positive. Though this case drew wide condemnation from human rights groups, as  lawyer, I have been taking more of a wait-and-see attitude.  Stan Abrams of China Hearsay, in a post entitled, “About… Continue Reading